Nonprofit compliance in New Mexico involves multiple agencies, including the Secretary of State (SOS), Attorney General’s Office, and Tax & Revenue Department.
Articles of Incorporation File Nonprofit Corporation Articles of Incorporation with the SOS ($25 fee), including name, purpose, registered agent, and board details.
Obtain EIN Secure a Federal Employer Identification Number (EIN) from the IRS—required for tax-exempt status, bank accounts, and hiring.
Initial & Annual Reports
File an initial report with the SOS within 30 days of incorporation.
File annual reports with the SOS ($10 fee) and DOJ to remain in good standing.
Charitable Registration Nonprofits soliciting funds must register with the DOJ via NM-COROS before fundraising. Registration is required even without donations.
State Tax Registration Not mandatory if no tax liability. However, nonprofits may register with the Tax & Revenue Department to obtain NTTCs for Gross Receipts Tax (GRT) exemption on purchases.
Tax Exemption Requirements
Nonprofits must meet certain criteria to qualify for tax exemption in New Mexico:
Must have federal tax-exempt status recognized under Section 501(c) of the Internal Revenue Code.
Issues Non‑Taxable Transaction Certificates (NTTCs) to vendors for tax‑exempt purchases when eligible
Files corporate income tax returns only if there is unrelated business income — otherwise exemption is automatic if federal status is recognized
Meet the audit threshold—organizations with revenue over $500K or expenses over $750K (effective Jan 1, 2024) must complete an independent audit and submit it with the AG annual report
Is exempt from New Mexico gross receipts tax on qualifying receipts (generally charitable contributions, not unrelated business income)
Filing Deadlines for Non-Profit Forms
Adhering to filing deadlines is essential to avoid penalties and maintain compliance.
Below are the key deadlines for non-profit filings in New Mexico:
Secretary of State Deadlines
Articles of Incorporation
Upon formation of the non-profit.
Initial Corporate Report (Secretary of State)
Within 30 days of Certificate of Incorporation date
Annual Corporate Report (Secretary of State)
By the 15th day of the 4th or 5th month after fiscal year-end (example: if fiscal year ends December 31, then due by May 15)
Attorney General Deadlines
Charitable Solicitation Registration (Initial)
Before soliciting contributions (or) within 30 days of creation (if operating/existing in New Mexico)
AG Annual Financial Report (via NM-COROS)
Annually, within 6 months after fiscal year-end (e.g., June 30 for Dec 31 FYE)
Tax Forms Deadlines
TRD Gross Receipts Tax (GRT) Returns
Monthly, Quarterly, or Annually depending on filing frequency (e.g., 25th of month following reporting period)
TRD Corporate Income Tax (CIT) & Franchise Tax Return (CIT-1)
15th day of the 4th month after the organization's fiscal year ends (for CIT); Annually for Franchise Tax
Federal Deadlines
Form 990 Series
Due on the 15th day of the 5th month after the organization's accounting period ends Example: For calendar year organizations, Form 990 is due by May 15
Form 1023/1023-EZ
Must be filed within 27 months of incorporation to receive retroactive exemption to the date of incorporation
To operate legally as a non-profit in New Mexico, organizations must file the Articles of Organization and pay the filing fee of $25.
Initial Registration
Name Availability Before filing your Articles of Incorporation, check with the New Mexico Secretary of State to ensure your desired organization name is available and not already in use.
Appointing a Registered Agent A registered agent is responsible for receiving legal and official notices on behalf of your organization. The registered agent must have a physical street address in New Mexico.
Initial Report File with the New Mexico Secretary of State within 30 days of the date on the certificate of incorporation.
Write Bylaws and hold meetings Draft bylaws outlining how your nonprofit will operate. Meet with your board to adopt bylaws, elect officers, and begin operations.
Applying for 501(c)(3) Status (Optional) File Form 1023 or 1023-EZ with the IRS to obtain federal tax-exempt status. This is a crucial step for most non-profits.
Annual Filing Requirements
Charitable Solicitation Registration Charitable organizations that solicit contributions must register with the New Mexico Department of Justice unless exempt. Register through the New Mexico Charitable Organization Registration Online System (NM-COROS)
Annual Report (Secretary of State) File with the New Mexico Secretary of State to keep the state updated on the organization's officers, directors, and other relevant information.
Annual Report (Department of Justice) File an annual financial report with the New Mexico Department of Justice Charities Unit using NM-COROS. This includes a copy of the IRS Form 990 and other required documents
Maintain Accurate Records Keep meticulous records of all financial transactions, donations, and activities. This will be essential for preparing annual reports and complying with any audits or inquiries.
Maintain Compliance with IRS File the annual Form 990 series (990, 990-EZ, 990-N, or 990-PF) with the IRS. Failure to do so for three consecutive years can result in automatic revocation of federal tax-exempt status.
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1. When must a nonprofit register with the New Mexico Department of Justice?
A nonprofit must register before soliciting any contributions in New Mexico or within 30 days of formation if operating in the state.
2. What is NM-COROS?
NM-COROS (New Mexico Charitable Organization Registration Online System) is the online portal used to register and file annual reports with the New Mexico Department of Justice.
3. What are the annual filing requirements for nonprofits in New Mexico?
Nonprofits in New Mexico must file an annual report with the Secretary of State and an annual financial report with the Department of Justice. They must also file the appropriate IRS Form 990 series.
4. Do I file bylaws with the Secretary of State?
No—New Mexico doesn’t require bylaws to be filed with SoS. But bylaws must be adopted and signed by two officers and are required by IRS for federal exemption filings.
5. What is the penalty for late filing annual report for non-profit in New Mexico?
In New Mexico, the penalty for late filing of a non-profit annual report with the Secretary of State is a $10 late fee. Additionally, the New Mexico Department of Justice may impose a separate $100 penalty for late filing of the charitable report.
Sources and References
This resource guide is compiled from authoritative sources, including:
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